International Law and the Classification of Conflicts
Title | International Law and the Classification of Conflicts PDF eBook |
Author | Elizabeth Wilmshurst |
Publisher | OUP Oxford |
Pages | 568 |
Release | 2012-08-02 |
Genre | Law |
ISBN | 0191632236 |
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
International Law and the Classification of Conflicts
Title | International Law and the Classification of Conflicts PDF eBook |
Author | Elizabeth Wilmshurst |
Publisher | Oxford University Press |
Pages | 568 |
Release | 2012-08-02 |
Genre | History |
ISBN | 0199657750 |
International law separates international from non-international conflicts. This book discusses how this categorisation operates, identifying the legal questions raised. Case studies show how this impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.
Internationalized Armed Conflicts in International Law
Title | Internationalized Armed Conflicts in International Law PDF eBook |
Author | Kubo Macak |
Publisher | Oxford University Press |
Pages | 321 |
Release | 2018-07-12 |
Genre | Law |
ISBN | 0192551787 |
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Classification of Conflicts in International Humanitarian Law
Title | Classification of Conflicts in International Humanitarian Law PDF eBook |
Author | Noam Zamir |
Publisher | Edward Elgar Publishing |
Pages | 281 |
Release | 2017-02-24 |
Genre | Law |
ISBN | 1785367900 |
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
Irresolvable Norm Conflicts in International Law
Title | Irresolvable Norm Conflicts in International Law PDF eBook |
Author | Valentin Jeutner |
Publisher | Oxford University Press |
Pages | 209 |
Release | 2017 |
Genre | Law |
ISBN | 0198808372 |
Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
The Oxford Guide to International Humanitarian Law
Title | The Oxford Guide to International Humanitarian Law PDF eBook |
Author | Ben Saul |
Publisher | Oxford University Press |
Pages | 481 |
Release | 2020-05-07 |
Genre | Law |
ISBN | 0192597493 |
International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
An Introduction to the International Law of Armed Conflicts
Title | An Introduction to the International Law of Armed Conflicts PDF eBook |
Author | Robert Kolb |
Publisher | Bloomsbury Publishing |
Pages | 372 |
Release | 2008-09-17 |
Genre | Law |
ISBN | 1847314600 |
This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.